Last Updated: 08.11.2024

Welcome to Kaiko’s free crypto oracle service (the “Service”), provided by Challenger Deep SAS (“Kaiko”, “we”, “us”, or “our”), registered under the French SIRET number 80738837600061 and headquartered in France. These Terms of Use (“Terms”) govern your access to and use of the Service. By using the Service, you (“User” or “you”) agree to be bound by these Terms. If you disagree, please refrain from using the Service.

1. Scope of Service

The Kaiko Oracle Service (the “Service”) is a demonstration platform that provides blockchain-based access to sample cryptocurrency market data, including limited real-time and historical pricing information. This demo Service is intended solely for demonstration and testing purposes to illustrate the functionality of Kaiko’s data oracles in a blockchain context. It is not intended for production use or for making financial or trading decisions.

As a demo, the Service offers sample data feeds to enable users to test the integration of off-chain data into on-chain environments, such as decentralized applications or smart contracts. Please note that the data provided may not reflect full market accuracy or reliability and is not guaranteed to be comprehensive, complete, or continuously available. Kaiko may modify or discontinue this demo Service, including the types of data available, at any time without notice.

1. Eligibility

The Service is intended for individuals aged 18 or older or entities legally permitted to use blockchain services in their jurisdiction. By using the Service, you confirm that you meet these eligibility criteria.

1. License and Access

Nothing in these Terms of Use or on the Kaiko Oracle Service site (the “Site”) grants or shall be construed to grant you, or any third party, any ownership, title, or interest in or any license or right to use, copy, modify, or reproduce any content on the Site. This includes, without limitation, any images, text, software, code, trademarks, logos, or service marks belonging to Kaiko or used under license by Kaiko. All rights to the Site’s content, including any proprietary names, logos, and materials, are strictly reserved by Kaiko and will be enforced to the fullest extent permitted by law.

Kaiko grants you a limited, non-exclusive, revocable license to access and use portions of the Site solely for your personal, non-commercial, informational purposes and to print pages from the Site only in connection with this limited use. This license does not permit you to modify, distribute, transmit, publicly display, reproduce, publish, create derivative works from, license, transfer, or sell any content on the Site, including but not limited to text, graphics, logos, icons, images, or software.

Any unauthorized use of the Site or its content may violate copyright, trademark, or other applicable laws and is strictly prohibited.

1. Fees & Payment

Accessing certain features or transactions within the Service may require payment of blockchain-related fees, such as gas fees, which are necessary for processing transactions on the blockchain network. These fees are not charged by Kaiko, nor does Kaiko have control over them; they are paid directly to the relevant blockchain network to facilitate the technical execution of the Service.

Kaiko does not require any payments beyond those fees that are strictly necessary for technical purposes, such as blockchain transaction fees. Any fees that might be introduced by Kaiko in the future will be clearly stated and directly related to the specific Service being provided.

1. Intellectual Property

All content provided by the Kaiko Oracle Service demo, including but not limited to data, software, code, trademarks, logos, and any proprietary information, is owned by or licensed to Kaiko and is protected by intellectual property laws. You may not copy, modify, distribute, publicly display, perform, or otherwise exploit any content from the Service without prior written consent from Kaiko. This restriction applies to all data, software, and information made available through the Service, which is provided strictly for demonstration purposes only.

The Kaiko name, logo, and any other trademarks, service marks, or logos displayed on the Kaiko Oracle Service are registered and unregistered trademarks of Kaiko. Nothing in these Terms of Use grants you any rights to use Kaiko’s trademarks, logos, or service marks without prior written permission. Unauthorized use of Kaiko’s trademarks or any branding elements associated with Kaiko is strictly prohibited and may violate trademark laws and other applicable regulations. Kaiko will enforce its rights to its trademarks to the fullest extent of the law.

1. Prohibited Uses

You agree not to use the Service in any manner that:

• Violates applicable laws or regulations;

• Harms or interferes with the operation of any networks or servers;

• Engages in unauthorized data scraping, mining, or any automated use of the Service;

• Attempts to gain unauthorized access to any part of the Service, its infrastructure, or its related services;

• Engages in any fraudulent or harmful activities.

Kaiko reserves the right to suspend or terminate your access to the Service if you engage in prohibited uses.

1. Disclaimers

• No Warranty: The Service is provided “as-is” and “as available” without warranties of any kind, express or implied. Kaiko disclaims any warranties, including but not limited to, the accuracy, reliability, and completeness of the data provided.

• Financial Risk: The Service provides market data and information for general purposes only and does not constitute financial, investment, or trading advice. You are solely responsible for any decision made based on the Service.

• Technology Risks: The Service relies on blockchain technology, which may be subject to bugs, network failures, or security vulnerabilities. Kaiko is not responsible for any technical issues arising from the blockchain network or your use of the Service.

By using the Kaiko Oracle Service (the “Service”), you acknowledge and agree that you have read, understood, and accepted the potential risks associated with the use of the Service, as outlined in our Risk Disclosure Statement. This statement provides important information regarding the inherent risks related to blockchain technology, cryptocurrency markets, smart contract integration, and other factors relevant to the Service.

We strongly encourage you to review the Risk Disclosure Statement carefully prior to using the Service. Your continued access to and use of the Service serves as confirmation that you are aware of and accept these risks, and that you assume all responsibility for decisions or actions taken based on information obtained through the Service.

1. Limitation of Liability

Kaiko, along with its officers, managers, directors, principals, agents, and employees (collectively, “Kaiko Parties”), hereby expressly disclaims any and all representations and warranties, whether express or implied, with respect to the accuracy, reliability, completeness, suitability, availability, or other characteristics of any information, data, or materials contained on or made available through the Service. The Service and all content therein are made available for demonstration purposes only and are subject to change without notice.

The Service, including all content, data, and materials accessible therein, is provided on an “as is” and “as available” basis, without warranty of any kind, express or implied. Kaiko hereby disclaims all implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, accuracy, title, non-infringement, and availability. Any reliance upon the Service or any information obtained through it shall be at the sole risk of the user.

In no event shall Kaiko, nor any of the Kaiko Parties, be liable for any claims, damages, liabilities, losses, or costs, whether direct, indirect, incidental, punitive, special, consequential, or exemplary, arising out of or in any way connected with:

1. The use of or inability to use the Service, including any errors, omissions, interruptions, delays, or other operational issues relating to the Service;
2. Any reliance by the user on any data, information, or materials obtained or accessed through the Service; or
3. Any other matter relating to the Service.

This limitation of liability applies regardless of the legal theory under which such claims arise, including, without limitation, contract, tort, negligence, strict liability, or otherwise, and even if Kaiko or any of the Kaiko Parties has been advised of the possibility of such damages.

To the extent that any jurisdiction does not permit the exclusion or limitation of certain types of damages, Kaiko’s liability in such jurisdiction shall be limited to the fullest extent permitted by law.

1. Indemnification

You agree to indemnify, defend, and hold harmless Kaiko, its affiliates, officers, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, and expenses arising from your use of the Service, including any breach of these Terms.

1. Data Privacy

Kaiko respects your privacy and is committed to protecting personal data. By using the Service, you agree to the collection and use of your information as described in our Privacy Policy, which is incorporated by reference into these Terms.

1. Modification of Terms

Kaiko reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on our website. Your continued use of the Service constitutes acceptance of the revised Terms.

Kaiko reserves the right to evolve its pricing policy for the Service over time, including the introduction of fees for certain features or premium services. Any changes to Kaiko’s pricing policy will be communicated in advance through updates to these Terms of Use or other public announcements. Users are encouraged to review these Terms periodically to remain informed of any updates regarding fees and pricing for the Service.

1. Termination

Kaiko may, in its sole discretion, suspend or terminate your access to the Service, with or without notice, if you breach these Terms or engage in prohibited activities. Upon termination, your right to use the Service ceases immediately.

1. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of France. Any disputes arising from or related to these Terms shall be exclusively resolved in the courts of Paris, France.

1. Contact Information

If you have any questions or concerns regarding these Terms, please contact us at:

Kaiko (Challenger Deep SAS)

128 rue la Boétie, 75008 Paris

support@kaiko.com